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Former Pakistani Prime Minister Shaukat Aziz.—File photo
Former Pakistani Prime Minister Shaukat Aziz.—File photo

ISLAMABAD: Interior Secretary Shahid Khan admitted before the special court trying retired General Pervez Musharraf that in the wake of November 3, 2007 emergency, several judges including former chief justice Iftikhar Mohammad Chaudhry had been sent home by the law ministry on the orders of then prime minister Shaukat Aziz.

On the third day of cross-examination, Musharraf’s counsel Farogh Nasim asked the interior secretary whether the proposal for the ouster of judges was initiated by then law secretary retired Justice Ajmal Mian and Law Minister Zahid Hamid and subsequently approved by the prime minister. The interior secretary, after consulting the documents handed to him by the attorney, replied, “Yes”.

Answering another question, he said, “It is correct to suggest that the summary for the appointment of Justice Abdul Hameed Dogar as chief justice of Pakistan was moved by the law secretary and the minister and was approved by the prime minister.”

He added, “It is correct that the notifications with regard to ceasing of office of the judges of the superior judiciary and the fresh appointments (of judges) were made on the recommendations of the law secretary and the minister with the approval of the prime minister.”

Shahid Khan insists PCO judges not complicit in imposition of emergency

Barrister Nasim argued that following the imposition of emergency, the federal cabinet in its meeting of November 6, 2007 approved the action of former president Pervez Musharraf and on November 7, the National Assembly unanimously passed a resolution endorsing the emergency.

Related: Musharraf’s counsel grills top official for leaving out coup charge

He said then prime minister Shaukat Aziz and cabinet members Zahid Hamid, Mohammad Ali Durrani and Tariq Azim also held a press conference, announcing their approval of the decision to impose a state of emergency.

When Barrister Nasim asked Mr Khan whether Shaukat Aziz, Zahid Hamid, Mohammad Ali Durrani, Tariq Azim and former law secretary Ajmal Mian and the members of the National Assembly who endorsed the emergency had “aided and abetted General Musharraf”, Mr Khan said, “No,” adding that this matter had not been brought into his knowledge by the Joint Investigation Team (JIT) constituted to investigate the treason charges against the defendant.

When asked why he did not take action against those members of the 2007 cabinet whose identities were known to him, Mr Khan said, “I did not order against any member of the then-cabinet because the JIT did not bring forward any material against them.”

Also read: SHC rejects Musharraf's review petition

He also disagreed with the defence counsel, who suggested that the judges who took oath under the Provisional Constitutional Order (PCO) had also abetted General Musharraf in the imposition of emergency.

The interior secretary told the court that he had been unable to get hold of records of meetings retired General Musharraf had held with the services chiefs and corps commanders to discuss the imposition of emergency.

He said the JIT had tried to obtain the record from the defence ministry, but the ministry had not provided the necessary documents so far.

The special court adjourned proceedings until July 2 when Barrister Nasim will continue his cross-examination of the interior secretary.

Published in Dawn, June 27th, 2014

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Comments (12) Closed

nk Jun 27, 2014 07:32am

We are finding out day by day what this case is about.this case is not about prosecution or upholding the law, it is about persecution of one man former President Mr Pervez Mushrraf .the Government,prosecution and the judiciary can not see further then their noses not to mention certain media!. if you want to prosecute this case the only fair and constitutional way is to indite everyone who supported his actions!.now we have on court record that the"proposal for the ouster of judges was initiated by then law secretary retired Justice Ajmal Mian and Law Minister Zahid Hamid and subsequently approved by the prime minister".not to mention "the National Assembly unanimously passed a resolution endorsing the emergency" too!. I guess if the JIT didn't mention that in the report that means they didn't do any wrong :) how convenient!.

abid Jun 27, 2014 08:09am

Our courts are a joke. They keep indicting Musharraf with out having any investigation. In Lal Masjid, they did not bring any military commanders who were on the ground who can tell the truth about the operation, Same thing with Bugti no Army officers have been called in court who were there in the operation, etc etc. All cases are rubbish and what a waste of peoples time and money. Article 6 should be put on these judges and the courts because they have been hand in hand with the government with these rubbish cases.

Kashif DXB Jun 27, 2014 09:06am

Musharaf ordered, secretary and minister prepared summary, Shauket Aziz signed.

What Farog Nasim is trying to establish; Musharaf is innocent, look these signature are Shauket Aziz and hand writing is secretary and minister.

he is trying to fool the nation on this issue. Musharaf is sole responsible of sacking judges and must be punished by law so that no other general would dare this again.

imran ali Jun 27, 2014 09:29am

O MY GOD....what is happening in my beloved country....JIT biased,judiciary biased,bureaucrats biased ,where we are heading...sad

mohammadnoonnanna Jun 27, 2014 09:41am

Seemingly an effort to clear the former Gen P. M.

Ahmed Jun 27, 2014 10:00am

When all evidences are on table , it will be crystal clear that all state organs are biased against Musharraf at the behest of Nawaz Sharif. Hope the judges this time are not under the ghost of infamous Juctice Munir's , " Law of Necessity " to please their benefactor Nawaz Sharif.

jamal khurshid Jun 27, 2014 10:06am

values and morals are at lowest ebb since we gained independence.................when i was just a boy i remember ATA was 4 Kg to a ruppee........................and now it is over Rs 30 per kilo................people change parties as they change shirts after wealth is unending and cheating and telling lies has become a standard practice

fida sayani Sindhi Jun 27, 2014 10:59am

@imran ali If only Pakistani would have listened to Jinnah and followed his speeches, this nation could have been a modern democratic nation. UNITY FAITH DISCIPLINE. Even this has been removed from Teen Talwar, Clifton, Karachi. Long live Jinnah.

Javed Mir Jun 27, 2014 12:16pm

--the orders of then prime minister Shaukat Aziz.--

The emrgency imposed on the orders of the then Prime Minister that hand-piked poor guy who could not write a single sentence on his accord. Reality is that this case is being hazed out so that the original sinner gets scotfree.

immortal_soloist Jun 27, 2014 01:35pm

Pervez Musharraf doesn't need any clearance in reality because he never committed the crime to begin with.

Biased judges,Biased Courts,Biased government,that is persistent on its personal vendetta.

Pervez Musharraf is an honest man,whoever says that he should be tried is either someone that gains benefits from this current set up of governance,or is someone that doesn't have their facts and figures straight.

muhammad Jun 27, 2014 02:51pm

@Kashif DXB I am sure you were standing there and witnessing all what you have written in your post you should present yourself in court as a witness

Muhammed Ali Jun 27, 2014 03:01pm

Its all a farce, we know the outcome so why waste time and money, the army will never allow Musharraf to be punished if NS wants to try then tell him to book his ticket to Riyad would take NS a million years to get anywhere near Musharraf at least the General admits that he made mistakes, can anyone see NS admit his mistakes? Not in this lifetime..